NEW JERSEY BUILDING LABORERS STATEWIDE BENEFIT FUNDS AND THE TRUSTEES THEREOF v. STEVENS ENVIROMENTAL

Filing 4

OPINION filed. Signed by Judge Anne E. Thompson on 12/5/2012. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NEW JERSEY BUILDING LABORERS
STATEWIDE BENEFIT FUNDS AND
THE TRUSTEES THEREOF,
Petitioners,

Civ. No. 12-06486
OPINION

v.
STEVENS ENVIRONMENTAL,
Respondent.
THOMPSON, U.S.D.J.
This matter has come before the Court on a Motion to Confirm the Arbitration Award
brought by Petitioners New Jersey Laborers Statewide Benefit Funds (“Funds”) and the Trustees
thereof (“Trustees”) (collectively, “Petitioners”). [Docket # 2]. This motion is unopposed by
Respondent Stevens Environmental (“Respondent”). The Court has decided this matter after
considering the parties’ written submissions and without holding oral argument pursuant to
Federal Rule of Civil Procedure 78(b).
Upon review of the evidence presented, this Court finds that Respondent is bound by a
collective bargaining agreement and a Declaration of Trust (“Trust Agreement”) of the
aforementioned Funds. [1, Petition to Confirm Arbitration Award (“Petition”) at ¶¶ 6, 7]. These
two agreements require Respondent to make contributions to the Funds. [Id. at ¶ 7]. When
Respondent fails to make such contributions, the Trustees are permitted under the terms of the
Trust Agreement to “take any action necessary or appropriate to enforce payment of
contributions, interest damages, and expenses provided for herein.” [Id. at ¶ 8]. In accordance

with these terms, the Trustees have appointed a Permanent Arbitrator to resolve claims of
delinquent contributions to the Funds. [Id.].
The arbitrator’s opinion indicates that Respondent was delinquent in making required
contributions to the Funds between April 19, 2012 and May 2, 2012. [1, Ex. D at 4]. The
ensuing dispute was submitted to an arbitrator, who, after due notification to Respondent, issued
a written award. [Petition at ¶ 9].
Pursuant to 9 U.S.C. § 9, this Court has jurisdiction to enforce the awards of arbitrators.
Having considered the written submissions of Petitioners in light of Respondent’s failure to
oppose the motion, and for good cause shown, the Court grants Petitioners’ Motion to Confirm
the Arbitration Award. An appropriate order accompanies this opinion.

/s/Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

Date: December 5 , 2012